Ashok Kumar Baral vs State Of Odisha And Others
2021 Latest Caselaw 11329 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.32690 OF 2021
                 Ashok Kumar Baral                       ....        Petitioner
                                              Mr. Aurobinda Sahoo, Advocate
                                           -versus-
                 State of Odisha and others              .... Opp. Parties
                                                       Mr. Biswajit Mohanty,
                                                        Standing Counsel for
                                                    School & Mass Education
                        CORAM:
                        JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No.                              05.11.2021
 01.        1.       This matter is taken up through hybrid mode.

2. The Petitioner has filed this writ petition seeking for a direction to the Opposite Party Nos.2 and 3 to take immediate step to disburse the differential arrear salary as well as current monthly salary in Trained Graduate scale of pay to the Petitioner from the date of attaining the age of 48 years, on the basis of the S.M.E. Department Resolution dated 18.02.2008 and Letter No.6259 dated 16.04.2010 as well as the Letter No.1772 dated 11.01.2011 of the Director of Secondary Education, Odisha and the Rules framed thereunder, as well as ratio decided in the case of Radharani Samal Vs.State of Odisha & others, reported in 2017 (I) ILR-CIUT-546 within a stipulated period.

3. Learned counsel for the Petitioner contended that question involved in this writ petition has already been adjudicated by the collateral Bench in Radharani Samal (supra) which has been affirmed by the Division Bench of this Court by dismissing Writ Appeal No.176 of 2017 preferred by the State vide order dated 30.04.2019. Therefore, the case of the

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Petitioner is squarely covered by the judgment passed by this Court in Radharani Samal (supra).

4. Learned Standing Counsel for the School & Mass Education Department admits the legal issues raised by the learned counsel for the Petitioner has already been adjudicated in the case of Radharani Samal (supra). He, however, submits that the applicability of ratio in Radharani Samal (supra), which has been affirmed by the Division Bench of this Court vide order dated 30.04.2019 by dismissing Writ Appeal No.176 of 2017 preferred by the State, to the case of the Petitioner needs consideration.

5. Taking into consideration the submissions made by learned counsel for the parties and after going through the records, it appears that the Petitioner has submitted a representation on 16th July, 2021 (Annexure-5) to the Director, Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2 which is pending for consideration.

6. In view of the above, this Court without delving into the merits of the case, disposes of the writ petition with a direction to the Director, Secondary Education, Odisha, Bhubaneswar- Opposite Party No.2 to consider the representation of the Petitioner (Annexure-5) in the light of ratio decided by this Court in Radharani Samal (supra) as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order and communicate the decision to the Petitioner forthwith.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge